"This time, with a PAD, I did not receive any treatments that I did not want. They were very respectful. I really felt like the hospital took better care of me because I had my PAD. In fact, I think it's the best care that I've ever received."Read More...
Montana Q and A
Ten commonly asked questions about PAD's for Montana
Please note: the following 10 FAQs are designed to provide a quick and accessible guide to what your state’s Statutes say – or do not say – about PADs. The FAQs do not attempt to provide a complete picture of the law in your state, nor can they take the place of legal advice. The answers were accurate when written in November 2006.
1. Can I write a legally-binding psychiatric advance directive (PAD)?
Yes. Sections 72-5-501 and 72-5-502 of the Montana Code allow you to appoint an agent to make decisions for you in the event that you are unable to make them for yourself. In Montana, this person is known as an “Attorney in Fact” and the document naming the attorney in fact is known as a “Durable Power of Attorney”. There is no mandatory form for the Durable Power of Attorney as long as it is made clear that it remains valid in the event that you cannot make decisions for yourself. However, a recommended standard form is available here .
The statute does not specify how your agent must act.
As set out above, you may not create freestanding instructions. To create a PAD, you must appoint an Attorney in Fact, although it is up to you whether or not to document instructions in addition.
No. The statute does not say how it is determined that a person is “incompetent”. In practice, a person is likely to be “incompetent” under the statute when the treating physician decides that he/she cannot understand and/or communicate a decision.
No. The statute is silent on this question. However, a provider may generally “override” a PAD when a person becomes subject to involuntary treatment (civil commitment) law, or otherwise in an emergency. Further, a provider may be justified in not following a Power of Attorney where it is not in accordance with his/her own professional standards.
Your Power of Attorney remains valid until revoked by you.